Student walkouts and protests can raise important legal and practical questions for school leaders. In our most recent Legal Ledger Sidebar, Sara Clark and Dustin Koslen discuss how districts can balance students’ First Amendment rights with maintaining safe and orderly schools.
In a decision issued earlier this month, the 6th Circuit Court of Appeals concluded that disciplining students for using biological pronouns rather than their classmates’ preferred pronouns violates the First Amendment. The case, Defending Edn. v. Olentangy Local School Dist. Bd. of Edn., was originally brought in response to three district policies regarding harassment, bullying and the use of personal communication devices.
Earlier this month, the U.S.
As reported in previous posts on the Legal Ledger blog (here and here), 2025 has been a big year for decisions issued by the Supreme Court of the United States that affect school districts. Another major decision—Mahmoud v.
Back in August, OSBA’s Legal Ledger provided an overview of some of the more frequently asked questions we receive about released time for religious instruction.
On May 15, the U.S. Department of Education (USDOE) released an updated guidance document on districts’ obligations related to school prayer and religious expression at school by students and school employees.
Earlier this week, the U.S. Supreme Court issued an opinion in the case Kennedy v. Bremerton School District. The case involved a high school football coach who lost his job after he knelt at midfield after games to pray. The coach sued the district for the disciplinary actions it took against him, alleging that the district’s actions violated his rights under the First Amendment to the U.S. Constitution.
Last Monday, the Supreme Court of the United States heard oral arguments in the case of Kennedy v. Bremerton School District, which asks whether it is constitutional for school employees to pray on school grounds, at a school event, with students and other members of the school community present.
The Supreme Court of the United States recently provided a decision in a First Amendment retaliation claim. In the case, the board of trustees of the Houston Community College (HCC) censured David Wilson, one of its board members, and barred him from holding officer positions on the board or from receiving travel reimbursements. Wilson alleged that the censure violated his First Amendment right to free speech. The district court ruled against him, and the U.S. Court of Appeals for the Fifth Circuit reversed.
As the season of holiday parties, concerts and performances approaches, schools need to be sure to plan events that comply with the Constitution. Of particular note is the Establishment Clause of the First Amendment, which provides that government shall “make no law respecting an establishment of religion.”
